82832 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 

2See Petitioner’s Letter, ‘‘Petitioner’s Request for 

Postponement of the Preliminary Determination,’’ 

dated November 14, 2023. 

3 Id. at 1. 

investigation is extraordinarily 

complicated, and that additional time is 

necessary to make a preliminary 

determination. Under 19 CFR 

351.205(e), the petitioner must submit a 

request for postponement 25 days or 

more before the scheduled date of the 

preliminary determination and must 

state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On November 14, 2023, PURIS 

Proteins, LLC (the petitioner) submitted 

a timely request that Commerce 

postpone the preliminary determination 

in the LTFV investigation.2 The 

petitioner states that it requests 

postponement due to concerns that 

Commerce will need more time to 

evaluate questionnaire responses 

submitted by the mandatory 

respondents and issue supplemental 

questionnaires.3

For the reasons stated above and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act, is postponing the deadline for 

the preliminary determination by 50 

days (i.e., 190 days after the date on 

which this investigation was initiated). 

As a result, Commerce will issue its 

preliminary determination no later than 

February 7, 2023. In accordance with 

section 735(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determination of this investigation will 

continue to be 75 days after the date of 

the preliminary determination, unless 

postponed. 

Commerce is issuing and publishing 

this notice pursuant to section 733(c)(2) 

of the Act and 19 CFR 351.205(f)(1). 

Dated: November 17, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2023–26031 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD534] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to Echo Offshore LLC (Echo) for the take 

of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico (GOM). 

DATES: The LOA is effective from 

December 1, 2023 through December 31, 

2024. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. waters of the GOM 

over the course of 5 years (86 FR 5322, 

January 19, 2021). The rule was based 

on our findings that the total taking 

from the specified activities over the 5- 

year period will have a negligible 

impact on the affected species or 

stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of those species or 

stocks for subsistence uses. The rule 

became effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 82833 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

Echo plans to conduct a 2D highresolution seismic survey in Lease Block 

178 (Vermillion Area). Echo plans to use 

a single, 20-cubic inch airgun, in 

addition to three other high-resolution 

geophysical (HRG) acoustic sources. 

Please see Echo’s application for 

additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Echo in its LOA request was used to 

develop LOA-specific take estimates 

based on the acoustic exposure 

modeling results described in the 

preamble (86 FR 5322, 5398, January 19, 

2021). In order to generate the 

appropriate take numbers for 

authorization, the following information 

was considered: (1) survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

Exposure modeling results were 

generated using the single airgun proxy. 

Because those results assume use of a 

90-in3 airgun, the take numbers 

authorized through this LOA are 

considered conservative (i.e., they likely 

overestimate take) due to differences in 

the sound source planned for use by 

Echo, as compared to those modeled for 

the rule. The survey is planned to occur 

for up to 2 days in Zone 2. The season 

is not known in advance. Therefore, the 

take estimates for each species are based 

on the season that has the greater value 

for the species (i.e., winter or summer). 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking expected for this survey and 

authorized through the LOA is 

consistent with the findings made for 

the total taking allowable under the 

regulations. See Table 1 in this notice 

and Table 9 of the rule (86 FR 5322, 

January 19, 2021). 

Small Numbers Determination 

Under the GOM rule, NMFS may not 

authorize incidental take of marine 

mammals in an LOA if it will exceed 

‘‘small numbers.’’ In short, when an 

acceptable estimate of the individual 

marine mammals taken is available, if 

the estimated number of individual 

animals taken is up to, but not greater 

than, one-third of the best available 

abundance estimate, NMFS will 

determine that the numbers of marine 

mammals taken of a species or stock are 

small. For more information please see 

NMFS’ discussion of the MMPA’s small 

numbers requirement provided in the 

final rule (86 FR 5322, 5438, January 19, 

2021). 

The take numbers for authorization, 

which are determined as described 

above, are used by NMFS in making the 

necessary small numbers 

determinations, through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5322, 

5391, January 19, 2021). For this 

comparison, NMFS’ approach is to use 

the maximum theoretical population, 

determined through review of current 

stock assessment reports (SAR; https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information 

(https://seamap.env.duke.edu/models/ 

Duke/GOM/). For the latter, for taxa 

where a density surface model could be 

produced, we use the maximum mean 

seasonal (i.e., 3-month) abundance 

prediction for purposes of comparison 

as a precautionary smoothing of monthto-month fluctuations and in 

consideration of a corresponding lack of 

data in the literature regarding seasonal 

distribution of marine mammals in the 

GOM. Information supporting the small 

numbers determinations is provided in 

Table 1. 

TABLE 1—TAKE ANALYSIS

Species Authorized take 1 Abundance 2 Percent abundance 

Rice’s whale 3 ...................................................................................................... 0 51 n/a 

Sperm whale ........................................................................................................ 0 2,207 n/a 

Kogia spp ............................................................................................................. 0 4,373 n/a 

Beaked whales .................................................................................................... 0 3,768 n/a 

Rough-toothed dolphin ........................................................................................ 4 0 4,853 n/a 

Bottlenose dolphin ............................................................................................... 62 176,108 0.0

Clymene dolphin .................................................................................................. 0 11,895 n/a 

Atlantic spotted dolphin ....................................................................................... 5 26 74,785 0.0 

Pantropical spotted dolphin ................................................................................. 0 102,361 n/a 

Spinner dolphin .................................................................................................... 0 25,114 n/a

Striped dolphin ..................................................................................................... 0 5,229 n/a

Fraser’s dolphin ................................................................................................... 0 1,665 n/a 

Risso’s dolphin ..................................................................................................... 0 3,764 n/a

Melon-headed whale ........................................................................................... 0 7,003 n/a 

Pygmy killer whale ............................................................................................... 0 2,126 n/a 

False killer whale ................................................................................................. 0 3,204 n/a 

Killer whale .......................................................................................................... 0 267 n/a

Short-finned pilot whale ....................................................................................... 0 1,981 n/a 

1Scalar ratios were not applied in this case due to brief survey duration. 

2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For Rice’s whale and the killer whale, the larger estimated SAR abundance estimate is used. 3The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 


khammond on DSKJM1Z7X2PROD with NOTICES
82834 Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices 

4 Modeled take of one decreased to zero. For rough-toothed dolphin, use of the exposure modeling produces results that are smaller than the 

average GOM group size (i.e., estimated exposure value of 1, relative to assumed average group size of 14) (Maze-Foley and Mullin, 2006). 

NMFS’ typical practice is to increase exposure estimates to the assumed average group size for a species in order to ensure that, if the species 

is encountered, exposures will not exceed the authorized take number. However, given the very short survey duration and small estimated exposure value NMFS has determined that it is unlikely the species would be encountered at all. As a result, in this case NMFS has not authorized 

take for this species. 5 Modeled take of 13 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Echo’s proposed survey 

activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

Echo authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: November 21, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–26079 Filed 11–24–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD540] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Revolution 

Wind Offshore Wind Farm Project 

Offshore Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) as amended, and implementing 

regulations, notification is hereby given 

that a Letter of Authorization (LOA) has 

been issued to Revolution Wind, LLC 

(Revolution Wind), a subsidiary wholly 

owned by Orsted Wind Power North 

America, LLC (Orsted), for the taking of 

marine mammals incidental to the 

construction of the Revolution Wind 

Offshore Wind Farm Project. 

DATES: The LOA is effective from 

November 20, 2023 through November 

19, 2028. 

ADDRESSES: The LOA and supporting 

documentation are available online at: 

https://www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Carter Esch, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made, regulations are promulgated 

(when applicable), and public notice 

and an opportunity for public comment 

are provided. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s) and 

will not have an unmitigable adverse 

impact on the availability of the species 

or stock(s) for taking for subsistence 

uses (where relevant). If such findings 

are made, NMFS must prescribe the 

permissible methods of taking; ‘‘other 

means of effecting the least practicable 

adverse impact’’ on the affected species 

or stocks and their habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and on the availability of 

the species or stocks for taking for 

certain subsistence uses (referred to as 

‘‘mitigation’’); and requirements 

pertaining to the monitoring and 

reporting of such takings. The MMPA 

defines ‘‘take’’ to mean harass, hunt, 

capture, or kill, or attempt to harass, 

hunt, capture, or kill any marine 

mammal (16 U.S.C. 1362(13); 50 CFR 

216.103). Level A harassment is defined 

as any act of pursuit, torment, or 

annoyance which has the potential to 

injure a marine mammal or marine 

mammal stock in the wild (16 U.S.C. 

1362(18); 50 CFR 216.3). Level B 

harassment is defined as any act of 

pursuit, torment, or annoyance which 

has the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (16 U.S.C. 

1362(18); 50 CFR 216.3). Section 

101(a)(5)(A) of the MMPA and the 

implementing regulations at 50 CFR part 

216, subpart I authorize NMFS to 

propose and, if appropriate, promulgate 

regulations and issue an associated 

LOA(s). NMFS promulgated regulations 

on October 20, 2023 (88 FR 72562) for 

the taking of marine mammals 

incidental to the construction of the 

Revolution Wind Offshore Wind Farm 

Project offshore of Rhode Island. The 

LOA authorizes Revolution Wind and 

those persons it authorizes or funds to 

conduct activities on its behalf to take 

marine mammals incidental to specified 

activities during the construction of the 

Project and requires them to implement 

mitigation, monitoring, and reporting 

requirements. 

Summary of Request 

On October 20, 2023, NMFS 

promulgated a final rule (88 FR 72562) 

responding to a request from Revolution 

Wind for authorization to take marine 

mammals (16 species comprising 16 

stocks) by Level B harassment (all 16 

stocks) and by Level A harassment (10 

stocks) incidental to construction 

activities occurring in Federal and State 

waters off of Rhode Island, specifically 

within and around the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A 0486 (Lease Area) and 

along 2 export cable routes to sea-toshore transition points (collectively 

referred to as the ‘‘Project Area’’), over 

the course of 5 years (November 20, 

2023 through November 19, 2028). The 

activities covered under the final rule 

include: the installation of 79 wind 

turbine generators (WTGs) and 2 

offshore substations (OSSs) on monopile 

foundations by impact pile driving; the 


khammond on DSKJM1Z7X2PROD with NOTICES